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There is no statutory obligation on public officials to require or compel them to advise victims of their rights and ensure victims understand their rights.This presumes victims are conversant with their rights and are aware that they must take some action such as requesting information.

Research in South Australia (Gardner 1990; Erez et al 1994) shows that despite the declaration on victims’ rights many victims felt they did not get the information they needed and too many public officials treated them ambivalently.

A review on victims of crime (JSU 1999, 2000) revealed positive outcomes attributable to the declaration and steps taken to implement it.

Western Australia reviews done in the same era produced both positive and negative findings, but also raised questions about implementation and compliance.

The 2004 New South Wales statutory review of its victims’ legislation noted that:

“Many victims, friends and families of victims, and victim support groups observed that the terms of the Charter are simply not being followed by government departments and agencies in their dealings with victims.”

Victims of Crime Support Program Annual Report 2006-07, the Australian Capital Territory’s Victims of Crime Co-ordinator highlighted:

“…individual cases of agencies failing to adhere to governing principles contained in the Act, inconsistencies between agencies in their application or implementation of the governing principles, and problems in addressing the failures of these bodies to implement the Act’s requirements.”

Considered a Victim Ombudsman as an alternative to the existing agency-based complaints procedures or as an additional arbiter.

As arbiter of last resort, ombudsman could deal with victim-complainants who remain unhappy with an agency’s response.

Could not comment in legal decisions but could investigate and comment on the way a victim was treated or a case was handled.

Could also be a “champion” of victims’ interests.

Ombudsman could supplement an existing rights-based approach or replace such.

Victim Support Scotland recommended that the Scottish Executive appoint a Commissioner for Victims of Crime. A Commissioner would give advice and other help to victims, witnesses and their families, as well as be a champion for victims’ rights.

Provides a complaint handling service for victims of crime who have a complaint about the way in which any of the criminal justice agencies has carried out its obligations under the Victims’ Code and who have been unable to get their complaint satisfactorily dealt with by the agency concerned.

If ombudsman finds something has gone wrong he or she will ask the organisation to:

Provide an explanation and acknowledgement of what went wrong

Take action to put the matter right, including giving you an apology

Where ombudsman finds serious faults he or she can also recommend that:

Changes be made in the way the organisation works so that similar things do not happen again

Highlight lessons that should be learnt

Payment should be made for a financial loss or for the inconvenience or worry caused.

The ombudsman, however, has no formal power to enforce his or her recommendations.

If another Act authorises or requires the Commissioner to make submissions in any proceedings – to make such submissions (either personally or through counsel).

To personally, or through counsel, make submissions at the sentencing stage on the impact of the crime on victims and victims’ families in cases resulting in the death or permanent total incapacity of the victim.

To make submissions to the Court of Criminal Appeal on guideline sentences.

To consult the Director of Public Prosecutions in the interests of the victims in general and in particular cases about matters including victim impact statements and charge bargains.

To consult with the judiciary about court practices and procedures, and their effect on victims.

Able to require a public agency or official to consult with him/her regarding steps that may be taken by the agency/official to further the interests of victims; and

After such consultation, may, where he/she believes that the agency or official has failed to comply with the declaration of principles, recommend that the agency or official issue a written apology to the relevant victim.

The Commissioner is required to have regard for the wishes of the person (victim)